Marginal note:Inspector to assist parties

251.03 After receipt of a complaint, an inspector may assist the parties to the complaint to settle the complaint or cause another inspector to do so.

2012, c. 31, s. 223.

Marginal note:Settlement of amounts due

251.04(1) If an employer and an employee who has made a complaint relating to the non-payment of wages or other amounts to which they are entitled under this Part reach a settlement in writing on the wages or other amounts to be paid, the employer may pay those amounts to the employee or to the Minister.

Marginal note:If amount paid to Minister

(2) If an employer pays the amounts to the Minister, the Minister shall, without delay after receiving them, pay them over to the employee who is entitled to the amounts.

Marginal note:Minister’s consent required for prosecution

(3) No prosecution for failure to pay an employee the wages or other amounts that were the subject of the complaint may without the written consent of the Minister be instituted against an employer if the employer has paid the amount of wages or other amounts referred to in subsection (1) to the employee or the Minister.

2012, c. 31, s. 223.

Marginal note:Rejection of complaint

251.05(1) An inspector may reject a complaint made under section 251.01, in whole or in part,

(iv) that there are other means available to the employee to resolve the subject-matter of the complaint that the inspector considers should be pursued,

(v) that the subject-matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator,

(vi) that in respect of a complaint other than a complaint of non-payment of wages or other amounts to which the employee is entitled under this Part, there is insufficient evidence to substantiate the complaint, or

(vii) that in respect of a complaint made by an employee who is subject to a collective agreement, the collective agreement covers the subject-matter of the complaint and provides a third party dispute resolution process; or

(b) if consideration of the complaint was suspended under subsection 251.02(1) and if, in the inspector’s opinion, the other measures specified in the notice under subsection 251.02(2) were not taken within the specified time period.

Marginal note:Notice of rejection of complaint

(2) If a complaint has been rejected, the inspector shall notify the employee in writing, with reasons.

Marginal note:Request for review

(3) The employee may, within 15 days after the day on which the employee is notified of the rejection, request in writing, with reasons, that the Minister review the inspector’s decision.

Marginal note:Review

(4) The Minister may confirm the inspector’s decision, or rescind it and direct an inspector to deal with the complaint.

Marginal note:Notice of Minister’s decision

(5) The Minister shall notify the employee in writing of the Minister’s decision.

Marginal note:Review is final

(6) The Minister’s confirmation or rescission is final and conclusive and is not subject to appeal to or review by any court.

2012, c. 31, s. 223.

Recovery of Wages

Marginal note:Payment order

251.1(1) Where an inspector finds that an employer has not paid an employee wages or other amounts to which the employee is entitled under this Part, the inspector may issue a written payment order to the employer, or, subject to section 251.18, to a director of a corporation referred to in that section, ordering the employer or director to pay the amount in question, and the inspector shall send a copy of any such payment order to the employee at the employee’s latest known address.

Marginal note:Limitation

(1.1) A payment order must not relate to wages or other amounts to which the employee is entitled for the period preceding

(a) in the case where the employee made a complaint under subsection 251.01(1) that was not rejected under subsection 251.05(1), the 12 months before the day on which the complaint was made or, if there was a termination of employment prior to the complaint being made, the 12 months before the date of termination; and

(b) in any other case, the 12 months before the day on which an inspection under this Part, during the course of which the inspector made the finding referred to in subsection (1), began.

Marginal note:Unpaid vacation pay

(1.2) In respect of unpaid vacation pay, a reference to a period of 12 months in subsection (1.1) shall be read as a reference to a period of 24 months.

Marginal note:If complaint unfounded

(2) An inspector dealing with a complaint of non-payment of wages or other amounts to which an employee is entitled under this Part shall notify the employee in writing that their complaint is unfounded if the inspector concludes that the employer has paid to the employee all wages and other amounts to which the employee is entitled under this Part for the period of six months set out in paragraph 251.01(2)(a) or for the extended period provided for in subsection 251.01(3).

Marginal note:Service of documents

(3) Service of a payment order or a copy thereof pursuant to subsection (1), or of a notice of unfounded complaint pursuant to subsection (2), shall be by personal service or by registered or certified mail and, in the case of registered or certified mail, the document shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed.

Marginal note:Proof of service of documents

(4) A certificate purporting to be signed by the Minister certifying that a document referred to in subsection (3) was sent by registered or certified mail to the person to whom it was addressed, accompanied by an identifying post office certificate of the registration or certification and a true copy of the document, is admissible in evidence and is proof of the statements contained therein, without proof of the signature or official character of the person appearing to have signed the certificate.

Marginal note:Request for review

251.101(1) A person who is affected by a payment order or a notice of unfounded complaint may send a written request with reasons for a review of the inspector’s decision to the Minister within 15 days after the day on which the order or a copy of the order or the notice is served.

Marginal note:Payment of amount

(2) An employer or a director of a corporation is not permitted to request a review of a payment order unless the employer or director pays to the Minister the amount indicated in the payment order, subject to, in the case of a director, the maximum amount of the director’s liability under section 251.18.

Marginal note:Review

(3) On receipt of the request for review, the Minister may, in writing, confirm, rescind or vary, in whole or in part, the payment order or the notice of unfounded complaint and, if the Minister rescinds the notice, the Minister shall direct an inspector to re-examine the complaint.

Marginal note:Service of documents

(4) Service of a decision made under subsection (3) shall be made to the persons who are affected by the payment order or by the notice of unfounded complaint, by personal service or by registered or certified mail and, in the case of registered or certified mail, the decision is deemed to have been received by the addressee on the seventh day after the day on which it is mailed.

Marginal note:Proof of service of documents

(5) A certificate purporting to be signed by the Minister certifying that a decision referred to in subsection (4) was sent by registered or certified mail to the person to whom it was addressed, accompanied by an identifying post office certificate of the registration or certification and a true copy of the decision, is admissible in evidence and is proof of the statements contained in it, without proof of the signature or official character of the person appearing to have signed the certificate.

Marginal note:Review is final

(6) Subject to the right of appeal under section 251.11, the decision made under subsection (3) is final and conclusive and is not subject to appeal to or review by any court.

Marginal note:Request treated as an appeal

(7) The Minister may, if the Minister considers it appropriate in the circumstances, treat the request for review as an appeal of the inspector’s decision, in which case the Minister shall so inform the persons affected by the payment order or by the notice of unfounded complaint, and the request for review shall be considered to be an appeal for the purposes of section 251.12.